ABCMR Record of Proceedings (Cont) AR20040011428

ABCMR Record of Proceedings (cont) AR20040011428

RECORD OF PROCEEDINGS

IN THE CASE OF:

BOARD DATE: 1September 2005

DOCKET NUMBER: AR20040011428

I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

The following members, a quorum, were present:

The Board considered the following evidence:

Exhibit A - Application for correction of military records.

Exhibit B - Military Personnel Records (including advisory opinion, if any).

1

ABCMR Record of Proceedings (cont) AR20040011428

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests correction of item 1 (Name[Last]), 12d (Total Prior Active Service), and item 12e (Total Prior Inactive Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2. The applicant states that his last name was misspelled, that item 12d and 12e should denote his time in service since his initial enlistment date of 31August 2000, and time served as a Simultaneous Membership Program (SMP) cadet from 16April 2001 to 9July 2002.

3. The applicant provides three copies of his DFAS Forms 702 (Leave and Earning Statement [LES]), a copy of memorandum dated 6October 2000, a copy of a National Guard Bureau (NGB) Form 594-1-R (SMP Agreement/Army National Guard) with attachments, a copy of his birth certificate, and a copy of his DD Form 214 in support of his application.

CONSIDERATION OF EVIDENCE:

1. The applicant provides three copies of his LESs that show he was paid in the pay grade of E-3 while serving on active duty for training (ADT) in the New Mexico Army National Guard (NMARNG). He also provides a copy of a memorandum, dated 6October 2000, which indicated that he would arrive home no later than 15December 2000.

2. The applicant’s military records show he enlisted in the U.S. Army Reserve (USAR) for a period of 8 years as a cadet, with prior service. He enrolled in the Reserve Officers Training Corps (ROTC)/SMP on 16April 2001. He was appointed as a second lieutenant (2LT/O-2) in the NMARNG on 9July 2002. He was released from the USAR Control Group (Officer Active Duty Obligor [OADO]) due to his appointment and was assigned to the Colorado Army National Guard (COARNG) effective 10July 2002.

3. Item 1 of his DD Form 214 shows the entry "_____LAIN" and item 12d and 12e shows the entry "SEE BLOCK #18." Item 18 (Remarks) of his DD Form 214 indicates that he was separated on temporary records and that a DD Form 215 (Correction to DD Form 214) would be issued to provide the missing information. It also stated that he was transferred to the COARNG.

4. The applicant provides a copy of his birth certificate and additional source documents which shows the correct spelling of his last name as "_____LIN."

5. The applicant was ordered to ADT in the NMARNG on 1 August 2004 and was released from ADT on 24November 2004.

6. Army Regulation 635-5 provides instructions for the preparation of the DD Form 214. It states, in pertinent part, that item 1 (Name [Last, First Middle]) will be completed in all capital letters and compared to the Enlisted Record Brief (ERB), Officer Record Brief (ORB), and enlistment contract for possible name change. It also states that item 12d (Total Prior Active Service) will be completed to show the amount of prior active military service, less lost time, if any, and item 12e (Total Prior Inactive Service) will be completed to show the amount of total prior inactive service, less lost time, if any. Item 18 (Remarks) is used for entries required by Headquarters, Department of the Army, for which a separate block is not available, and as a continuation for entries in item 11, 12, 13, and 14.

7. The regulation also states that a DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. A DD Form 214 will be prepared for members of the Army National Guard and the Army Reserve who complete 90 days or more of continuous active duty,

full-time training duty, active duty support, completion of initial active duty for training (IADT), which results in award of a military occupational specialty (MOS) or from a special duty training program tour, and United States Military Academy (USMA) cadets who fail to graduate. In addition, if a cadet entersthe USMA from an active duty status, a DD Form 214 will be issued by the USMA on entry into the Academy.

8. Department of Defense (DOD) Financial Management Regulation, Volume 7A, Chapter 1, covers basic pay. Paragraph 010101 pertains to service which is creditable. Paragraph D pertains to other creditable service. Subparagraph 010101d (10) states that for service to be creditable,a cadet must be enrolled in an Army, Navy, or Air Force ROTC Program and concurrently drilling in the Selected Reserve with duty performed on or after 1August 1979.

9. Subparagraph 010101d (15) states that prior provisions of law excluded the

SMPfrom creditable service for commissioned officers effective 13October 1964. Public Law 104-201, section 507, dated 23 September 1996, amended the provisions of the law to provide service credit for the SMP retroactive to 1August 1979. The revisions resulted in no increase in pay, retired or retainer pay before the date of enactment, 23 September 1996. Service in the program for enlisted members who retain that status remains creditable under all provisions.

DISCUSSION AND CONCLUSIONS:

1. The birth certificate and source documents provided by the applicant clearly show his last name as "_____LIN" instead of "_____LAIN." It is logical to presume that the last name on the DD Form 214 was the result of an administrative error. Therefore, he is entitled to correction of item 1 (Name [LAST]) of his DD Form 214 to show the entry "____LIN."

2. The evidence, the SMP Agreement, and orders releasing him from the USAR Control Group (OADO), show that the applicant was enrolled in the SMP from 16April 2001 to 9July 2002.

3. According to applicable regulation, the applicant's service in the ROTC/SMP is creditable for all purposes. The applicant is therefore entitled to correction of item 12e (Total Prior Inactive Service), of his DD Form 214, to show 1year, 2months, and 23days. He is also entitled to have an entry made in item 18 (Remarks) to show the entry, "ROTC/SMP 010416-020709" (16April 2001 to 9July 2002).

4. A review of the applicant's records failed to show that he completed any additional prior active duty service. Therefore, the applicant's DD Form 214, in item 12d will be corrected to show that he had no prior active duty service.

BOARD VOTE:

___sk ______bje______rtd __ GRANT FULL RELIEF

______GRANT PARTIAL RELIEF

______GRANT FORMAL HEARING

______DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected:

a. by showing in item 1 (Name [LAST]) the entry "______LIN"; and

b. by showing in item 12d (Total Prior Active Service) the entry, "0000 00 00;"

c. by showing in item 12e (Total Prior Inactive Service) the entry "0001 02 23"; and

d. by showing in item 18 (Remarks) the entry "ROTC/SMP 010416-020709" of his DD Form 214."

______Stanley Kelley______

CHAIRPERSON

INDEX

1